Events of Default; Notice (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital Securities and the Guarantor, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, however, that the Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital Securities.
Conditions Precedent to Each Extension of Credit Before any extension of credit governed by this agreement, whether by disbursement of a loan, issuance of a letter of credit or otherwise, the following conditions must be satisfied:
Events of Default Acceleration Etc 78 §12.1 Events of Default and Acceleration. 78 §12.2 Limitation of Cure Periods. 81 §12.3 [RESERVED]. 81 §12.4 Remedies. 81 §12.5 Distribution of Collateral Proceeds. 81 §13. SETOFF 82 §13.1 Setoff. 82 §13.2 Sharing of Payments by Lenders. 83 §14. THE AGENT 84 §14.1 Authorization. 84 §14.2 Employees and Agents. 84 §14.3 No Liability. 84 §14.4 No Representations. 85 §14.5 Payments. 86 §14.6 Holders of Notes. 88 §14.7 Indemnity. 88 §14.8 Agent as Lender. 89 §14.9 Resignation. 89 §14.10 Duties in the Case of Enforcement. 90 §14.11 Request for Agent Action. 90 §14.12 Removal of Agent. 90 §14.13 Bankruptcy. 91 §15. EXPENSES 91 §16. INDEMNIFICATION 92 §17. SURVIVAL OF COVENANTS, ETC. 93 §18. ASSIGNMENT AND PARTICIPATION 93 §18.1 Conditions to Assignment by Lenders. 93 §18.2 Register. 95 §18.3 New Notes. 95 §18.4 Participations. 96 §18.5 Pledge by Lender. 96 §18.6 No Assignment by Borrower. 96 §18.7 Cooperation; Disclosure. 96 §18.8 Mandatory Assignment. 97 §18.9 Co-Agents. 98 §18.10 Treatment of Certain Information; Confidentiality. 98 §19. NOTICES 98 §20. RELATIONSHIP 000 §00. GOVERNING LAW; CONSENT TO JURISDICTION AND SERVICE 100 §22. HEADINGS 000 §00. COUNTERPARTS; INTEGRATION; EFFECTIVENESS; ELECTRONIC COMPOSITIONS 101 §24. ENTIRE AGREEMENT, ETC. 000 §00. WAIVER OF JURY TRIAL AND CERTAIN DAMAGE CLAIMS 000 §00. DEALINGS WITH THE BORROWER 103 §27. CONSENTS, AMENDMENTS, WAIVERS, ETC. 000 §00. SEVERABILITY 105 §29. NO UNWRITTEN AGREEMENTS 000 §00. ACKNOWLEDGMENT OF INDEMNITY OBLIGATIONS 000 §00. REPLACEMENT OF NOTES 000 §00. TIME IS OF THE ESSENCE 000 §00. RIGHTS OF THIRD PARTIES 000 §00. GUARANTY 106 §34.1 The Guaranty. 106 §34.2 Obligations Unconditional. 106 §34.3 Reinstatement. 107 §34.4 Certain Waivers. 108 §34.5 Remedies. 108 §34.6 Rights of Contribution. 109 §34.7 Guaranty of Payment; Continuing Guaranty. 109 §34.8 Special Provisions Applicable to Guarantors. 109 EXHIBITS AND SCHEDULES Exhibit A Form of Revolving Note Exhibit A-1 Form of Swing Line Note Exhibit B Form of Compliance Certificate Exhibit C Form of Assignment and Assumption Agreement Exhibit D Form of Request for Revolving Loan Exhibit D-1 Form of Request for Swing Line Loan Exhibit E Form of Borrowing Base Certificate Exhibit F Patriot Act and OFAC Transferee and Assignee Identifying Information Form Exhibit G Joinder Agreement (Guarantor) Exhibit H-1 Form of U.S. Tax Compliance Certificate Exhibit H-2 Form of U.S. Tax Compliance Certificate Exhibit H-3 Form of U.S. Tax Compliance Certificate Exhibit H-4 Form of U.S. Tax Compliance Certificate Schedule 1.1 Lenders and Commitments Schedule 6.1(b) Subsidiaries Schedule 6.7 Litigation Schedule 6.10 Tax Audits Schedule 6.15 Transactions with Affiliates Schedule 6.20(f) Unresolved Real Estate Claims or Disputes Schedule 6.20(g) Material Real Estate Agreements REVOLVING CREDIT AGREEMENT THIS REVOLVING CREDIT AGREEMENT (this "Agreement") is made the 26th day of September, 2014, by and among CORENERGY INFRASTRUCTURE TRUST, INC., a Maryland corporation, as borrower ("Borrower"), having its principal place of business at 0000 Xxxxxx, Xxxxx 0000, Xxxxxx Xxxx, Xxxxxxxx 00000, each of the parties now or hereafter signatory hereto as guarantors (collectively "Guarantors"), REGIONS BANK, a national banking association ("Regions"), with the other lending institutions that are or may become parties hereto pursuant to §18 as lenders ("Lenders"), REGIONS BANK, as administrative agent ("Agent") for itself and the other Lenders, REGIONS BANK, as Swing Line Lender, and REGIONS BANK, as LC Issuer.
Additional Events of Default The parties hereto acknowledge, confirm and agree that the failure of Borrower or any Guarantor to comply with any of the covenants, conditions and agreements contained herein or in any other agreement, document or instrument at any time executed by Borrower or any Guarantor in connection herewith shall constitute an Event of Default under the Financing Agreements.
Events of Default Defined The following shall each constitute an "Event of Default" hereunder:
Events of Default, Etc During the period during which an Event of Default shall have occurred and be continuing:
Lender Elections to Increase Each Lender shall notify the Administrative Agent within such time period whether or not it agrees to increase its Commitment and, if so, whether by an amount equal to, greater than, or less than its Applicable Percentage of such requested increase. Any Lender not responding within such time period shall be deemed to have declined to increase its Commitment.
Lender Elections to Extend Each Lender, acting in its sole and individual discretion, shall, by notice to the Administrative Agent given not earlier than 30 days prior to the Existing Termination Date and not later than the date (the "Notice Date") that is 20 days prior to the Existing Termination Date, advise the Administrative Agent whether or not such Lender agrees to such extension and each Lender that determines not to so extend its Commitment Termination Date (a "Non-Extending Lender") shall notify the Administrative Agent of such fact promptly after such determination (but in any event no later than the Notice Date) and any Lender that does not so advise the Administrative Agent on or before the Notice Date shall be deemed to be a Non-Extending Lender. The election of any Lender to agree to such extension shall not obligate any other Lender to so agree.
